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Financial Services

Addressing a broad array of matters of interest to lawyers representing or regulating banks, insurance companies, investment advisers and other financial services businesses.

Frrom Beyond the Billable: The Rewards of Pro Bono Cases

Tuesday, October 30, 2012

By Adam Ruttenberg

Over the past ten years I have represented about a dozen debtors pro bono in Chapter 7 bankruptcy cases referred to me through the Volunteer Lawyers Project. The cases have ranged from the simplest of no asset cases to more complicated matters involving the threat of liens on a debtor’s residence or failed business. With the help of the Boston Bar Association Chapter 7 Bankruptcy Pro Bono Volunteer Lawyer Training, you could take on these cases too.

A VLP referral is an excellent way for a lawyer just starting out to gain the experience of handling a bankruptcy case from start to finish. The trustees know from statements filed by the attorney that the representation is pro bono (and I usually state specifically that it is a VLP referral), and they try to be accommodating. The first three § 341 meetings I did (where a debtor is examined by the Chapter 7 trustee) were all pro bono cases. It was eye opening to watch the trustees question debtors as they go through the fifty cases they can be assigned in one five hour day (yes, that is an average of six minutes per § 341 meeting).

Once I had a debtor who got sick soon after the bankruptcy filing. The trustee agreed to conduct the § 341 meeting by telephone, from the debtor’s hospital bed. I went to the hospital with a notary who could administer the oath to the debtor, and we proceeded. I am sure the nurses and others around us were puzzled as to what was going on.

Most of all, though, I have found pro bono debtors to be the most grateful and appreciative of clients I have had. I have often received thank you notes or small gifts, something that doesn’t seem to happen much with my paying clients. I still remember the thank you note from one of my first clients, which in addition to expressing how pleased he was told me that he had made arrangements for a special novena to be said in church on my behalf.

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Sean P. Mahoney

Barbara Keefe

The Committee focuses on legal and regulatory issues relevant to the broker-dealer community, such as the establishment and operation of broker-dealers, industry developments, key enforcement, litigation and arbitration decisions and compliance challenges.

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James P. Lucking

Lucking LLC

(617) 903-0750

james.lucking@luckinglaw.com

Mark L. Keene

Bank of America

(617) 434-7223

mark.l.keene@bankofamerica.com

Hillary Pelletier

This Committee focuses on how financial services firms interact with their regulators in the context of civil enforcement, addressing issues arising from investigations, examinations, litigation, compliance, settlement, and related concerns.

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Luke T. Cadigan

K&L Gates LLP

(617) 261-3118

luke.cadigan@klgates.com

Eben Prentice Colby

This is a joint committee between the Business Transactions and Financial Services Sections. This committee publishes information relevant to the business bar. If you are interested in an editorial position or writing an article, please contact the Co-Chairs.

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Scott P. Macbeth

This is a joint committee between the Business Transactions and Financial Services Sections. The BBA is very active on the legislative front. Often times, business attorneys are asked to lend their expertise.

This committee covers all areas of insurance law, including property, casualty, life, health, disability, professional liability, fidelity, surety, excess surplus and reinsurance, from the perspective of policyholders, carriers and third parties.

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Carlo Forcione

Peter Fariel

This committee aims to foster dialogue among the legal and investigatory staff of securities regulators, lawyers who represent companies and persons involved in regulatory investigations/enforcement proceedings and lawyers who represent plaintiffs in private securities litigation and shareholder derivative actions.